AURRA SOLUTIONS LLC TERMS AND CONDITIONS OF USE
Last Updated on March 4, 2025.
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use,or access of any of Our Services. By using Our website on any computer, mobile phone, tablet or other device, You agree to these terms and You consent to the collection, use and disclosure of Your information as described in these Terms and Conditions and Our Privacy Policy. If You do not agree to these Terms and Conditions or Our Privacy Policy, You should not access or use Our website.
GENERAL PROVISIONS
This website is owned and operated by Aurra Solutions LLC, a Florida company. Our principal place of business is located at 7901 4th St N, STE 300, St. Petersburg, FL 33702.
You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.
TERMS OF SITE & COURSE ACCESS AND PRODUCT PURCHASER AGREEMENT
All programs, products, and services are owned and provided by Aurra Solutions LLC (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (“Our Services”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Services. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at hello@aurra.io and We will make reasonable efforts to remove Your name, email, and access to Our Services and website(s).
YOUR PRODUCT OR COURSE USE AND CONSENT
When You purchased Our Services, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of Our Services and further access of Our Services, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of age in Your applicable jurisdiction to access Our Services. Access of Our Services and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
When using Our website, You must not:
1. Engage in any action that causes or could cause damage to Our website or impair the performance, availability or accessibility of Our website.
2. Transmit or attempt to transmit to Our website any virus, malware or malicious code.
3. Use Our website in any manner that is unlawful, illegal or fraudulent.
4. Engage in any use of Our Services or any content on Our website in any manner in connection with artificial intelligence and related technologies, including but not limited to machine learning systems, algorithms or models, or any other automated processes capable of altering, modifying or manipulating the content, unless We provide advanced written authorization to do so.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Aurra Solutions LLC, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property, in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may use Our intellectual property with clear and obvious credit back to Our site, as well as links back to the page where the materials, designs, images, text, quote, or post is located when it is appropriate to do so. However, You may never claim any of Our intellectual property as Your own or Your unique creation, even with attribution.
REQUEST FOR PERMISSION TO USE CONTENT
If You wish to use, publish, or access any of Our content, Services, or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us at hello@aurra.io.
CIVIL AND CRIMINAL PENALTIES
Even though Our Services are not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Florida by opting into or purchasing any Service or accessing its related communications and/or materials.
YOUR MATERIALS AND CONTRIBUTIONS
By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Services and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission, in whole or in part, unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Services or related materials, and We reserve the right to disclose Your participation in the same.
MODEL RELEASE
You must own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Services or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing Our Services, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.
SECURITY AND ASSUMPTION OF RISK
SECURITY
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as PayPal. By utilizing these payment processors to gain access to Our Services, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Services and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy: https://www.aurra.io/privacy-policy
We maintain a right to republish any submission, in whole or in part, as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and Company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on Our website, You understand and acknowledge that We make no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on Our website. If You have medical, legal, or financial questions, You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using Our website, related materials, products, courses, or the materials contained herein.
Our website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using Our website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at hello@aurra.io.
EARNINGS DISCLAIMER
You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Services with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Services or related material(s).
GENERAL DISCLAIMER
To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial, or other professionals, or if We are, during the course of Our Services and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial, or otherwise during the course of Our Services. Our Services are for educational and entertainment purposes only. None of Our Services or its related material(s) should be construed as medical, legal, or financial advice.
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.
WARRANTIES DISCLAIMER
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Services and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider, such as Zoom or Microsoft.
ERRORS AND OMISSIONS
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Services. We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Services or related material(s).
ARTIFICIAL INTELLIGENCE DISCLAIMER
You acknowledge and agree that We shall not be liable for any damages arising out of or in connection with Your use of Our Services, the content on Our website, Our products or services in any manner in connection with artificial intelligence and related technologies, including but not limited to machine learning systems, algorithms or models, or any other automated processes capable of altering, modifying or manipulating the content, regardless of whether We provide authorization for such use.
INDEMNIFICATION, LIMITATION OF LIABILITY, ANDRELEASE OF CLAIMS
INDEMNIFICATION
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors,shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to (i) Our Services, (ii) Your use of Our website, (iii) Your breach of these terms or (iv) Your violation or alleged violation of any laws in connection with Your use of Our website.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE HELD RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OUR WEBSITE, ANY UNAVAILABILITY OF OUR WEBSITE, OUR SERVICES, OR ANY THIRD PARTY CONDUCT, ACCIDENTS, DELAYS, HARM, OR OTHER DETRIMENTAL NEGATIVE OUTCOMES AS A RESULT OF YOUR ACCESS OF OUR WEBSITE OR OUR SERVICES AND RELATED MATERIAL(S).
TERMINATION
If at any time We feel You have violated these Terms and Conditions, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
FINANCIAL CONSIDERATIONS
REFUNDS
Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing.
Aurra Solutions LLC reserves the right to charge 1.5% interest per day upon any outstanding sum left unpaid on or after 14 calendar days from due date.
Example:
$100 due March 1
$101.50 due March 15
$103.03 due March 16
Sent to Collections April 15
After 45 days of outstanding payment, Aurra Solutions LLC reserves the right to send You to collections, upon which You will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
CHARGEBACKS
You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses, or other materials afforded to You in exchange for Your original purchase of Our Services. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
RECURRING PAYMENTS
If You have signed up for a payment plan, You hereby authorize Our continued access to Your financial information stored by Our third-party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
REVOCATION OF ACCESS
You have the unilateral right to terminate Your use and access to any of Our Services. Please send an email to hello@aurra.io to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
DISPUTE RESOLUTION
If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing any legalcause(s) of action.
NON-DISPARAGEMENT
If You are found to be slandering, libeling, or otherwise disparaging Our Company, Services, or related materials at Our discretion, You will be immediately removed from Our Services(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.
ENTIRE AGREEMENT
Before You register with Our website or make any purchases therefrom, You will be asked to consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and Our company relating to the use of this website.
LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Florida, United States.
CONSENT
By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy. If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email at hello@aurra.io.
ELECTRONIC COMMUNICATIONS
As permitted by applicable law, You consent to receive electronic communications sent from Us to You, such as via email or text, if you contact Us via email or text or otherwise provide Your email or phone number to us. You agree that all agreements and communications we provide to You electronically satisfy any legal requirement that they be in writing.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Aurra Solutions LLC.
LIABILITY
By joining any activity or Service with Aurra, you agree that Aurra Solutions LLC and any of its owners, principals, officers, directors, employees, agents, assistants, representatives, and independent contractors, including but not limited to Carly Cheton (collectively, “FACILITATORS” or “RELEASED PARTIES”) shall not have any liability to you under any theory of liability in connection with your participation in any activity. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES arising from such activity.
By joining any Breathwork, Yoga, or Meditation class, workshop, training, coaching program, or event with Aurra you agree to release and forever waive any and all claims or damages you may have against the RELEASED PARTIES in connection with your participation in any Aurra activity, including but not limited to, any claims for damages based on the FACILITATORS’ negligence. This agreement shall be binding upon you, your heirs, personal representatives, executors and any and all successors in interest.
You understand that you are fully and solely responsible for any effects that could potentially occur in connection with your participation in any activity administered by Aurra.
YOU UNDERSTAND THAT PARTICIPATION IN ANY ACTIVITY AT AURRA CAN EXPOSE YOU TO A RISK OF PHYSICAL OR PSYCHOLOGICAL INJURY. These injuries or outcomes may arise from your own or FACILITATORS’ actions, inactions, negligence or the condition of the location(s) or facility(ies). YOU ASSUME ALL RISKS OF YOUR PARTICIPATION IN ACTIVITIES AND SERVICES WITH AURRA, WHETHER KNOWN OR UNKNOWN TO YOU, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND, INCLUDING TRAVEL TO OR FROM SUCH ACTIVITY OR ANY EVENTS INCIDENTAL TO SUCH ACTIVITY.
You acknowledge that you have consulted a physician and have no known health or medical conditions that would impact your ability to participate in any Services or activities administered by Aurra Solutions LLC.
You represent and certify that you are in good physical and mental health and fit to partake in Services and activities as described above. You acknowledge that your representations constitute a material term upon which the FACILITATOR is relying in permitting you to partake in ANY Services or activities and without such representation your participation would be denied.
On behalf of yourself, your relatives and any heirs, assigns, agents, personal representatives and estate (collectively, the “RELEASING PARTIES”), YOU HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL INJURY, whether physical, mental, psychological or emotional, or ANY LOSS or DAMAGE to PERSON or PROPERTY, of any kind, WHETHER ARISING FROM THE NEGLIGENCE OF FACILITATOR OR OTHERWISE, to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless the RELEASED PARTIES for all costs and expenses, including but not limited to all legal fees incurred by RELEASED PARTIES in defending any claim brought against them by any of the RELEASING PARTIES and further agree to pay the full amount of any judgment, award or verdict that might be entered against the RELEASED PARTIES.
You understand and acknowledge that the FACILITATOR/RELEASED PARTIES are NOT physicians or healthcare professionals, and the Services being offered are not intended to treat or diagnose any illnesses, disease or disorders, whether physical, mental, psychological or emotional.
You unconditionally and irrevocably waive and release any and all claims you now have or may in the future have against the FACILITATOR with respect to any injury, loss or damage you suffer as a result of participating in the Services and activities described herein. You understand and agree that this Release of Liability, Waiver and Assumption of Risk Agreement (hereinafter “AGREEMENT”) extends to and includes any and all damages, injuries, and claims which you do not anticipate or know to exist and to any and all damages, injuries, or claims which may develop in the future, and you hereby expressly waive and relinquish any and all rights under any law or statute to the contrary.
You hereby acknowledge and agree that you are participating in a session provided by Aurra Solutions LLC and that you have been informed that any recordings of the session, including but not limited to audio or visual recordings, are strictly prohibited. You understand that any unauthorized recording or distribution of the sessions, whether through personal recording devices, live streaming, or any other means, is strictly prohibited and may result in legal action being taken by Aurra Solutions LLC. You further acknowledge and agree that Aurra Solutions LLC owns all intellectual property rights to the content of the session, including but not limited to any materials, presentations, or other media used during the session. Any use or distribution of these materials without prior written consent from Aurra Solutions LLC is strictly prohibited. By participating in the sessions offered by Aurra, you agree to the terms and conditions set forth in this waiver and acknowledge that any violation of these terms may result in legal action being taken by Aurra Solutions LLC.
If you should become injured while participating in any activity, you authorize any licensed physician, nurse or other medical personnel to perform emergency or surgical treatment as in his or her sole judgment may be necessary. If you need medical treatment or require any other intervention following the activity, you agree that you are entirely (100%) financially responsible for any fees or costs incurred as a result.
You further declare that you are eighteen and legally competent to join any Services and activities offered by Aurra. You have read these TERMS. You have sought independent legal advice and/or understand the legal consequences of signing this document, including (a) releasing the FACILITATOR from any and all liability with respect to any activity, (b) waiving my right to recover any damages with respect to any activity with the FACILITATOR under any legal theory, and (c) assuming all risks of participating in any activity administered by the FACILITATOR.
In the event that any of the foregoing provisions are held by a court of law to be invalid or unenforceable, you agree that the total liability of the FACILITATOR, if any, for losses or damages shall not exceed the amount paid for the Aurra Services.
PRACTICING CAUTION FOR ACTIVITIES
When practicing Breathwork, Yoga, Meditation, or any related activities or Services, ensure you do so in a safe environment and without force. Like all physical activities, these practices carry some physical and mental risks. Be aware of your own physical and mental limits, and act accordingly. If you have any concerns or questions about specific exercises, don’t hesitate to reach out to us.
Always adhere to this essential guideline: NEVER ENGAGE IN AURRA-RELATED ACTIVITIES OR SERVICES IN ENVIRONMENTS WHERE LOSING CONSCIOUSNESS COULD BE EXTREMELY DANGEROUS (e.g., in water, while driving, etc.).
Follow all posted rules and warnings, and comply with any instructions or directions from the instructors. If you notice any significant hazards during your participation, stop immediately and inform the nearest instructor.
WARRANTY DISCLAIMER
Aurra and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Aurra Solutions LLC and all such parties together, the “Aurra Parties”) make no representations or warranties concerning Our Services, including without limitation regarding any Content contained in or accessed through Our Services, and the Aurra Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through Our Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, Our Services. The Aurra Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with Our Services. SERVICES AND CONTENT ARE PROVIDED BY AURRA SOLUTIONS LLC (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE AURRA PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO AURRA IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to indemnify and hold the Aurra Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of Our Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
ASSIGNMENT
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Aurra’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
CHOICE OF LAW
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to the conflicts of laws provisions thereof.
ARBITRATION AGREEMENT
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Aurra and limits the manner in which you can seek relief from Aurra.
Both you and Aurra acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Aurra’s owners, principals, officers, directors, employees, agents, assistants, representatives, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(A) ARBITRATION RULES; APPLICABILITY OF ARBITRATION AGREEMENT
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Pinellas County, Florida. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(B) COSTS OF ARBITRATION
The Rules will govern payment of all arbitration fees. Aurra will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Aurra will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(C) SMALL CLAIMS COURT; INFRINGEMENT
Either you or Aurra may assert claims, if they qualify, in small claims court in Pinellas County, Florida or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(D) WAIVER OF JURY TRIAL
YOU AND AURRA WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Aurra are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Aurra over whether to vacate or enforce an arbitration award, YOU AND AURRA WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(E) WAIVER OF CLASS OR CONSOLIDATED ACTIONS
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Aurra is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below. ****
(F) OPT-OUT
You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: AURRA SOLUTIONS LLC 7901 4th St N STE 300 St. Petersburg, FL 33702 USA postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(G) EXCLUSIVE VENUE
If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Aurra to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Aurra agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Pinellas County, Florida, or the federal district in which that county falls.
(H) SEVERABILITY
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Aurra.
MISCELLANEOUS
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with Our Services, provided that Aurra may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Aurra agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Aurra and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Aurra, and you do not have any authority of any kind to bind Aurra in any respect whatsoever.
Except as expressly set forth in the sections above regarding the arbitration agreement, you and Aurra agree there are no third-party beneficiaries intended under these Terms.
SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT INFORMATION
Email: hello@aurra.io
Address: 7901 4th St N STE 300 St. Petersburg, FL 33702